Malamud Decision
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Malamud Decision
In the Malamud decision, the European Court of Justice (ECJ) held on 5 March 2024 in Case C-588/21 P that there may be an overriding public interest in the dissemination of harmonised European standards. Background Carl Malamud had requested access to several European standards for his organisation public.resource.org. The European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ... refused to make the requested European standards for toy safety available free of charge, whereupon Malamud filed a lawsuit. The ECJ ruled that those harmonised technical standards (HTN) that are mandatory are part of Union law. As the principle of the rule of law requires free access to Union law, these standards must be accessible free of charge. However, the Court did not generally rule ou ...
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European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ...
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Harmonization (standards)
Harmonization is the process of minimizing redundant or conflicting standards which may have evolved independently. The name is also an analogy to the process to harmonizing discordant music. Harmonization is different from standardization. Harmonization involves a reduction in variation of standards, while standardization entails moving towards the eradication of any variation with the adoption of a single standard. The goal for standard harmonization is to find commonalities, identify critical requirements that need to be retained, and provide a common framework for standards setting organizations (SSO) to adopt. In some instances, businesses come together forming alliances or coalitions, also referred to multi-stakeholder initiatives (MSI) with a belief that harmonization could reduce compliance costs and simplify the process of meeting requirements. With potential to reduce complexity for those tasked with testing and auditing standards for compliance. Harmonization in the ...
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Carl Malamud
Carl Malamud (born July 2, 1959) is an American technologist, author, and public domain advocate, known for his foundation Public.Resource.Org. He was also founder and president of the Internet Multicasting Service, an organization based in Washington D.C. During his time with this group, he was responsible for developing the first Internet radio station, for putting the U.S. Securities and Exchange Commission's EDGAR database on-line, and for creating the Internet 1996 World Exposition. Malamud is the author of eight books, including ''Exploring the Internet'' and ''A World's Fair''. He was a visiting professor at the MIT Media Laboratory and is the former chairman of the Internet Software Consortium. He also is the co-founder of Invisible Worlds, was a fellow at the Center for American Progress, and was a board member of the non-profit Mozilla Foundation. Public domain activism Malamud set up the nonprofit Public.Resource.Org, headquartered in Sebastopol, California, to wor ...
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European Standard
European Standards, sometimes called Euronorm (abbreviated EN, from the German name , "European Norm"), are technical standards which have been ratified by one of the three European Standards Organizations (ESO): European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (CENELEC), or European Telecommunications Standards Institute (ETSI). All ENs are designed and created by all standards organizations and interested parties through a transparent, open, and consensual process. European Standards are a key component of the Single European Market. They are crucial in facilitating trade and have high visibility among manufacturers inside and outside the European territory. A standard represents a model specification, a technical solution against which a market can trade. European Standards must be transposed into a national standard in all EU member states. This guarantees that a manufacturer has easier access to the market of all these Eu ...
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Public
In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öffentlichkeit'' or public sphere. The concept of a public has also been defined in political science, psychology, marketing, and advertising. In public relations and communication science, it is one of the more ambiguous concepts in the field. Although it has definitions in the theory of the field that have been formulated from the early 20th century onwards, and suffered more recent years from being blurred, as a result of conflation of the idea of a public with the notions of audience, market segment, community, constituency, and stakeholder. Etymology and definitions The name "public" originates with the Latin ''wikt:publicus#Latin, publicus'' (also ''wikt:poplicus#Latin, poplicus''), from ''wikt:populus#Latin, populus'', to the Engli ...
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European Commission
The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informally known as "commissioners") corresponding to two thirds of the number of Member state of the European Union, member states, unless the European Council, acting unanimously, decides to alter this number. The current number of commissioners is 27, including the president. It includes an administrative body of about 32,000 European civil servants. The commission is divided into departments known as Directorate-General, Directorates-General (DGs) that can be likened to departments or Ministry (government department), ministries each headed by a director-general who is responsible to a commissioner. Currently, there is one member per European Union member state, member state, but members are bound by their oath of office to represent the genera ...
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European Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ...
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European Committee For Standardization
The European Committee for Standardization (CEN, ) is a public standards organization whose mission is to foster the economy of the European Single Market and the wider European continent in global trading, the welfare of European citizens and the environment by providing an efficient infrastructure to interested parties for the development, maintenance and distribution of coherent sets of standards and specifications. The CEN was founded in 1961. Its thirty-four national members work together to develop European Standards (ENs) in various sectors to build a European internal market for goods and services and to position Europe in the global economy. CEN is officially recognized as a European standards body by the European Union, European Free Trade Association and the United Kingdom; the other official European standards bodies are the European Committee for Electrotechnical Standardization ( CENELEC) and the European Telecommunications Standards Institute (ETSI). More tha ...
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CENELEC
CENELEC (; ) is responsible for European standardization in the area of electrical engineering. Together with ETSI (telecommunications) and CEN (other technical areas), it forms the European system for technical standardization. Standards harmonised by these agencies are regularly adopted in many countries outside Europe which follow European technical standards. Although CENELEC works closely with the European Union, it is not an EU institution. Nevertheless, its standards are "EN" EU (and EEA) standards, thanks to EU Regulation 1025/2012. CENELEC was founded in 1973. Before that two organizations were responsible for electrotechnical standardization: CENELCOM and CENEL. CENELEC is a non-profit organization under Belgian law, based in Brussels. The members are the national electrotechnical standardization bodies of most European countries. Agreement types Members The current members of CENELEC are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Est ...
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EN Standards
European Standards, sometimes called Euronorm (abbreviated EN, from the German name , "European Norm"), are technical standards which have been ratified by one of the three European Standards Organizations (ESO): European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (CENELEC), or European Telecommunications Standards Institute (ETSI). All ENs are designed and created by all standards organizations and interested parties through a transparent, open, and consensual process. European Standards are a key component of the Single European Market. They are crucial in facilitating trade and have high visibility among manufacturers inside and outside the European territory. A standard represents a model specification, a technical solution against which a market can trade. European Standards must be transposed into a national standard in all EU member states. This guarantees that a manufacturer has easier access to the market of all these Europ ...
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European Union Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ...
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